Expert: Penny MacKenzie - 12/27/2010

Question
Two sisters, one married one not, purchased a house together.  The married sister has joint ownership with her husband of half the house and the single sister has ownership of the other half of the house and property.
The relationship deteriorated.  The married couple decided to move, which they did.  They could not come to agreement on the sale price of the house, and the single sister did not want to sell.
What are the obligations of each in relationship to taxes, heat, light maintenance?  Can the departed couple rent the space they occupied?  The house is not a duplex.  The single person lived downstairs and the couple upstairs. Can the single sister be forced to sell?

Answer
Hi Walter,
With regards to the expenses such as taxes, heat, light and maintenance I would say that the current obligations of each party are no different now than when they were living together. If they shared expenses 50/50 when living together they would still share the expenses 50/50.

Tenants in common can sell, rent, or leave their share by Will to someone else, without the other owner's consent. However, if the unit is not a legal duplex or zoned in an area that allows an accessory dwelling then there could be bylaw issues when renting out a portion of the home.
Regards,
Penny MacKenzie
www.burlingtonsbesthomes.com